Legal Glossary

Over 500 legal terms defined in plain language. Browse by letter or search for any term.

A

Abandonment

property

The voluntary relinquishment of a right, claim, or property with no intention of reclaiming it.

Abatement

general

A reduction, decrease, or elimination. In law, it may refer to the reduction of a tax, legacy, or nuisance.

Related:nuisance

Abstract of Title

property

A condensed history of the title to a piece of land, listing all recorded instruments that affect ownership.

Related:titledeed

Acceleration Clause

contracts

A provision in a loan agreement allowing the lender to demand immediate payment of the entire balance if certain conditions are met, such as missed payments.

Accessory

criminal

A person who assists in the commission of a crime but is not the principal actor. An accessory before the fact helps plan the crime; an accessory after the fact aids the offender after the crime.

Accomplice

criminal

A person who knowingly and voluntarily participates with another in a criminal act, either as a principal or accessory.

Accord and Satisfaction

contracts

An agreement to accept a different performance than what was originally promised, combined with the actual performance of that new agreement, discharging the original obligation.

Acquittal

criminal

A finding of not guilty by a judge or jury, releasing the defendant from criminal charges.

Action

civil procedure

A lawsuit or legal proceeding brought before a court to enforce a right or seek a remedy.

Actus Reus

criminal

The physical act or unlawful omission that constitutes a criminal offense. Together with mens rea, it forms the basis of criminal liability.

Adhesion Contract

contracts

A standardized form contract offered on a take-it-or-leave-it basis by a party with superior bargaining power, with no opportunity for negotiation.

Adjudication

civil procedure

The formal resolution of a dispute by a judge or administrative tribunal. The process of making a judicial decision.

Administrative Law

administrative

The body of law governing the activities of administrative agencies, including rulemaking, adjudication, and enforcement.

Admiralty Law

general

The body of law governing maritime activities, including shipping, navigation, waters, insurance, and piracy. Also called maritime law.

Admissible Evidence

evidence

Evidence that meets the rules of evidence and may be considered by a judge or jury in deciding a case.

Adoption

family

The legal process by which a person becomes the lawful parent of a child who is not biologically theirs, permanently transferring all parental rights.

Adversarial System

general

The legal system used in the United States where two opposing parties present their cases before a neutral judge or jury.

Affidavit

civil procedure

A written statement of facts made under oath and signed before a notary public or other authorized officer.

Affirmative Defense

civil procedure

A defense strategy in which the defendant introduces evidence that, if found credible, negates criminal or civil liability even if the allegations are true.

Agency

administrative

A governmental body with delegated authority to implement and enforce specific laws and regulations.

Aiding and Abetting

criminal

Assisting or encouraging someone in committing a crime, which can result in criminal liability equal to that of the principal offender.

Alimony

family

Financial support paid by one spouse to the other after separation or divorce, based on factors like length of marriage and earning capacity.

Allegation

civil procedure

A claim or assertion made by a party in a pleading that the party expects to prove at trial.

Alternative Dispute Resolution

civil procedure

Methods of resolving disputes outside of traditional courtroom litigation, including mediation, arbitration, and negotiation.

Amend

general

To change or modify a legal document, statute, or constitutional provision through a formal process.

Amendment

constitutional

A formal change or addition to a law, constitution, or legal document.

Amicus Curiae

civil procedure

Latin for 'friend of the court.' A person or organization that files a brief offering information or arguments relevant to a case in which they are not a party.

Annulment

family

A legal declaration that a marriage is void and never legally existed, as opposed to divorce, which ends a valid marriage.

Answer

civil procedure

The defendant's formal written response to a complaint, admitting or denying the allegations and raising any defenses.

Antitrust

business

Laws designed to promote competition and prevent monopolies, including the Sherman Act, Clayton Act, and FTC Act.

Apparent Authority

business

The power of an agent to act on behalf of a principal, as reasonably perceived by a third party, even if the agent lacks actual authority.

Appeal

civil procedure

A request to a higher court to review and change the decision of a lower court based on alleged legal errors.

Appellate Court

courts

A court that reviews decisions of lower courts for legal errors. It does not conduct new trials or hear new evidence.

Appropriation

general

The legislative allocation of government funds for a specific purpose. Also, in tort law, the unauthorized use of another person's name or likeness for commercial benefit.

Arbitration

civil procedure

A form of alternative dispute resolution where a neutral third party (arbitrator) hears evidence and makes a binding decision.

Arraignment

criminal

A court proceeding in which the defendant is formally charged with a crime and asked to enter a plea of guilty, not guilty, or no contest.

Arrears

general

Money that is owed and should have been paid earlier, such as overdue rent, child support, or loan payments.

Related:defaultdebt

Arrest

criminal

The taking of a person into custody by law enforcement, typically based on probable cause that a crime has been committed.

Arson

criminal

The crime of intentionally or recklessly setting fire to property, including buildings, land, or vehicles.

Related:felonycrime

Assault

criminal

The intentional act of causing another person to fear imminent harmful or offensive contact. Distinguished from battery, which involves actual contact.

Related:batterytort

Asset

business

Anything of value owned by a person or entity, including real property, personal property, cash, investments, and intellectual property.

Asylum

immigration

Protection granted by a country to a foreign national who has fled their home country due to a well-founded fear of persecution.

At-Will Employment

employment

An employment arrangement where either the employer or employee can terminate the relationship at any time, for any lawful reason, with or without notice.

Attorney

general

A person licensed to practice law and represent clients in legal matters, also called a lawyer or counsel.

Attorney-Client Privilege

evidence

A legal protection that prevents disclosure of confidential communications between an attorney and their client made for the purpose of obtaining legal advice.

B

Bad Faith

contracts

Dishonesty or fraud in a transaction; a willful failure to respond to plain demands or a refusal to fulfill contractual duties.

Bail

criminal

Money or property deposited with the court to secure the release of a defendant from custody, ensuring their appearance at future court proceedings.

Bailee

property

A person who receives personal property from another for a specific purpose, such as safekeeping or repair, under a bailment agreement.

Bailiff

courts

A court officer responsible for maintaining order in the courtroom and assisting the judge during proceedings.

Related:courtjudge

Bailment

property

The delivery of personal property by one person to another for a specific purpose, with the understanding that the property will be returned.

Bankruptcy

bankruptcy

A federal legal proceeding that provides debt relief to individuals and businesses unable to pay their debts, governed by Title 11 of the U.S. Code.

Bar Association

general

A professional organization for lawyers that may be voluntary or mandatory (integrated bar) for practicing in a jurisdiction.

Battery

criminal

The intentional and unlawful physical contact with another person without their consent. Distinguished from assault, which involves the threat of contact.

Related:assaulttort

Bench Trial

civil procedure

A trial conducted before a judge without a jury, where the judge serves as both the finder of fact and the arbiter of law.

Beneficiary

estate

A person or entity designated to receive benefits from a trust, will, insurance policy, or other legal arrangement.

Related:trustwill

Beyond a Reasonable Doubt

criminal

The highest standard of proof in the legal system, used in criminal cases. The prosecution must prove each element of the crime to a moral certainty.

Bill of Rights

constitutional

The first ten amendments to the U.S. Constitution, ratified in 1791, guaranteeing fundamental individual liberties and limiting government power.

Bona Fide

general

Latin for 'in good faith.' Refers to actions or transactions made honestly, without fraud or deception.

Bona Fide Purchaser

property

A person who purchases property in good faith, for value, and without notice of any competing claims or defects in title.

Related:titledeed

Bond

general

A financial guarantee posted to ensure performance of an obligation. In criminal law, a bail bond secures a defendant's release from custody.

Related:bailsurety

Breach of Contract

contracts

The failure of a party to perform their obligations under a contract without a legal excuse.

Brief

civil procedure

A written legal argument submitted to a court, outlining the facts, legal issues, and arguments in support of a party's position.

Related:motionappeal

Burden of Proof

evidence

The obligation of a party to prove their allegations or claims to a specified standard (e.g., preponderance of evidence, beyond a reasonable doubt).

Burglary

criminal

The unlawful entry into a building or structure with the intent to commit a crime inside, typically theft.

Related:theftfelony

Bylaws

business

Rules adopted by a corporation or organization governing its internal affairs, including procedures for meetings, elections, and management.

C

Capital Crime

criminal

A crime punishable by death, such as first-degree murder with special circumstances.

Case Law

general

Law established through judicial decisions and court opinions, as opposed to statutes or regulations. Also called common law or judge-made law.

Cause of Action

civil procedure

A set of facts and legal theories that give a party the right to seek a judicial remedy against another party.

Cease and Desist

general

An order or letter demanding that a party stop an activity (such as trademark infringement) and refrain from resuming it.

Certiorari

civil procedure

A writ issued by a higher court directing a lower court to deliver the record of a case for review. The Supreme Court grants certiorari to hear appeals.

Chain of Custody

evidence

The documented chronological history of the handling, transfer, and location of physical evidence, ensuring its integrity for use at trial.

Challenge for Cause

civil procedure

A request to dismiss a prospective juror based on a demonstrated bias or inability to be impartial.

Chapter 11

bankruptcy

A form of bankruptcy that allows businesses to reorganize their debts and operations while continuing to operate.

Chapter 13

bankruptcy

A form of bankruptcy allowing individuals with regular income to create a 3-to-5-year repayment plan to pay off debts while keeping their property.

Chapter 7

bankruptcy

A form of bankruptcy involving liquidation of non-exempt assets to pay creditors, with remaining eligible debts being discharged.

Chattel

property

Personal property that is movable, as distinguished from real property (land and buildings).

Choice of Law

civil procedure

The determination of which jurisdiction's law applies to a dispute when the parties or events are connected to more than one jurisdiction.

Circumstantial Evidence

evidence

Evidence that requires an inference to connect it to a conclusion of fact, as opposed to direct evidence.

Citation

general

A reference to a legal authority (statute, case, regulation) or a notice to appear in court for a minor offense.

Civil Law

general

The body of law dealing with disputes between private parties, as opposed to criminal law. Encompasses contracts, torts, property, and family law.

Civil Rights

constitutional

The rights of individuals to receive equal treatment and be free from discrimination based on characteristics such as race, sex, religion, and national origin.

Claim

civil procedure

An assertion of a right to money, property, or a legal remedy; also, the legal basis for a lawsuit.

Class Action

civil procedure

A lawsuit brought by one or more plaintiffs on behalf of a larger group of similarly situated individuals.

Clear and Convincing Evidence

evidence

A standard of proof higher than preponderance of the evidence but lower than beyond a reasonable doubt, requiring evidence that is highly and substantially more probable to be true.

Clerkship

general

A position in which a recent law school graduate works for a judge, assisting with legal research, drafting opinions, and other judicial duties.

Related:judgecourt

Closing Argument

civil procedure

The final statement made by each attorney to the judge or jury, summarizing the evidence and arguments presented during trial.

Codicil

estate

A supplement or amendment to an existing will that modifies, explains, or revokes specific provisions without replacing the entire will.

Coercion

criminal

The use of force, threats, or intimidation to compel someone to act against their will.

Collateral

business

Property pledged as security for a loan or debt. If the borrower defaults, the lender can seize the collateral.

Related:mortgagelien

Collateral Estoppel

civil procedure

A doctrine preventing a party from relitigating an issue of fact that has already been determined in a prior proceeding. Also called issue preclusion.

Color of Law

constitutional

The appearance of legal authority. Actions taken under color of law are those performed by government officials using their official power.

Comity

general

The principle by which courts of one jurisdiction give respect and deference to the laws, judicial decisions, and institutions of another jurisdiction.

Commingle

business

To mix together, especially funds. Commingling personal and business funds can lead to piercing the corporate veil.

Common Carrier

business

A company or individual that transports goods or passengers for compensation, owing a heightened duty of care.

Common Law

general

Law developed by judges through court decisions and precedent, rather than through legislative statutes or executive action.

Community Property

family

A system of property ownership used in some states where assets acquired during marriage are considered equally owned by both spouses.

Commutation

criminal

The reduction of a criminal sentence by executive action, such as the governor or president reducing a prison term.

Comparative Negligence

tort

A legal doctrine that apportions fault among parties in a negligence case, reducing the plaintiff's recovery by their percentage of fault.

Compensatory Damages

tort

Money awarded to a plaintiff to compensate for actual losses suffered, including medical expenses, lost wages, and property damage.

Complaint

civil procedure

The initial pleading filed by the plaintiff that begins a civil lawsuit, setting forth the allegations and claims against the defendant.

Compliance

business

The act of conforming to laws, regulations, rules, and standards applicable to an individual or organization.

Compulsory Process

constitutional

The Sixth Amendment right of criminal defendants to subpoena witnesses to testify on their behalf.

Conciliation

civil procedure

A voluntary process in which a neutral third party helps disputing parties communicate and reach an agreement.

Concurrent Jurisdiction

courts

When two or more courts have the authority to hear the same type of case.

Concurrent Sentence

criminal

Criminal sentences served at the same time rather than one after another (consecutive).

Condemnation

property

The exercise of eminent domain — the government taking private property for public use with just compensation.

Consecutive Sentence

criminal

Criminal sentences served one after another rather than at the same time (concurrent).

Conservator

estate

A person appointed by a court to manage the financial affairs or personal care of an incapacitated adult.

Consideration

contracts

Something of value exchanged between parties to a contract, which makes the agreement legally binding. Can be money, services, or a promise.

Consolidation

civil procedure

The combining of two or more legal actions or businesses into a single proceeding or entity.

Conspiracy

criminal

An agreement between two or more persons to commit an unlawful act or to accomplish a lawful purpose by unlawful means.

Constitution

constitutional

The supreme law of the United States, establishing the structure of government, defining governmental powers, and protecting individual rights.

Constructive Discharge

employment

When an employer makes working conditions so intolerable that a reasonable employee would feel compelled to resign, treated legally as a termination.

Constructive Notice

property

Legal notice that a person is deemed to have received even if they did not actually receive it, because the information was publicly available.

Consumer Protection

general

Laws and regulations designed to protect buyers of goods and services from unfair, deceptive, or fraudulent business practices.

Related:ftcwarranty

Contempt of Court

courts

Willful disobedience of a court order or disruptive behavior in court, punishable by fines or imprisonment.

Contingency Fee

general

A fee arrangement where the attorney's payment depends on the outcome of the case, typically a percentage of the recovery.

Contract

contracts

A legally enforceable agreement between two or more parties, consisting of an offer, acceptance, consideration, capacity, and legality.

Contributory Negligence

tort

A common law doctrine barring a plaintiff from recovering damages if they were at all at fault for their own injury.

Conversion

tort

The wrongful exercise of control or dominion over another person's personal property, depriving them of its use.

Conveyance

property

The transfer of legal title to property from one person to another by means of a written instrument such as a deed.

Related:deedtitle

Coroner

criminal

A public official responsible for investigating deaths, particularly those that are sudden, unexplained, or suspicious.

Corporation

business

A legal entity separate from its owners (shareholders) that can enter contracts, own property, sue and be sued, and has perpetual existence.

Corpus Delicti

criminal

Latin for 'body of the crime.' The principle that a crime must be proven to have occurred before a person can be convicted.

Corroboration

evidence

Additional evidence that confirms or supports testimony or other evidence already presented.

Counterclaim

civil procedure

A claim made by the defendant against the plaintiff in the same lawsuit, asserting that the plaintiff owes the defendant.

Court Order

courts

A directive issued by a judge that requires a party to do or refrain from doing a specific act.

Covenant

property

A formal promise or agreement, often found in contracts and deeds. In real estate, restrictive covenants limit how property can be used.

Related:deedeasement

Creditor

bankruptcy

A person or entity to whom money is owed, either through a loan, sale of goods, or provision of services.

Related:debtorlien

Crime

criminal

An act or omission that violates a law and is punishable by the state through fines, imprisonment, or other penalties.

Criminal Law

criminal

The body of law that defines offenses against the state or public, establishes punishments, and governs the prosecution of those offenses.

Cross-Examination

evidence

The questioning of a witness by the opposing party's attorney, designed to test credibility and challenge testimony given during direct examination.

Cruel and Unusual Punishment

constitutional

Punishment prohibited by the Eighth Amendment, interpreted to include torture, disproportionate sentences, and degrading treatment.

Custody

family

The legal right and responsibility to care for a child, including physical custody (where the child lives) and legal custody (decision-making authority).

D

Damages

tort

Monetary compensation awarded by a court to a party who has suffered loss or injury due to another party's wrongful act.

De Facto

general

Latin for 'in fact.' Describes something that exists in reality even if not officially recognized by law.

De Jure

general

Latin for 'by law.' Describes something that exists by right or according to law.

De Novo

civil procedure

Latin for 'anew.' A de novo trial or hearing is conducted as if no previous decision had been made.

Death Penalty

criminal

The sentence of execution for a capital crime. Also called capital punishment. Subject to extensive constitutional limitations.

Debtor

bankruptcy

A person or entity that owes money or is obligated to pay a debt.

Decedent

estate

A person who has died, especially one whose estate is being administered.

Declaratory Judgment

civil procedure

A court ruling that determines the rights and obligations of parties without ordering any specific action or awarding damages.

Deductible

general

The amount an insured person must pay out of pocket before insurance coverage begins. In tax law, an expense that can be subtracted from taxable income.

Related:insurancetax

Deed

property

A legal document that transfers ownership of real property from one party to another. Types include general warranty, special warranty, and quitclaim deeds.

Defamation

tort

A false statement of fact published to a third party that damages another person's reputation. Includes libel (written) and slander (spoken).

Related:libelslander

Default Judgment

civil procedure

A judgment entered against a party who fails to appear in court or respond to legal proceedings.

Defeasance

property

A clause or condition in a deed, lease, or other instrument that, upon performance, renders the instrument void.

Related:deedmortgage

Defendant

general

The party against whom a lawsuit or criminal charge is brought.

Defense

general

The arguments, evidence, and legal strategy presented by the defendant to counter the plaintiff's or prosecution's case.

Demurrer

civil procedure

A legal objection that, even if all the facts alleged in the complaint are true, they do not constitute a valid cause of action. Similar to a motion to dismiss.

Deportation

immigration

The formal removal of a foreign national from the United States for violating immigration laws.

Deposition

civil procedure

A pretrial discovery tool in which a witness provides sworn oral testimony, recorded by a court reporter, outside of court.

Derogation

general

The partial repeal or taking away of the effectiveness of a law, usually by a subsequent act.

Detainer

property

The unlawful withholding of the property or person of another. An unlawful detainer action is an eviction proceeding.

Devise

estate

A gift of real property made through a will. The person receiving the gift is a devisee.

Related:willbequest

Dictum

general

A judge's remark or observation in a court opinion that is not essential to the decision and does not establish binding precedent. Also called obiter dictum.

Dilation

civil procedure

An extension of time granted by a court for performing an act or filing a document.

Direct Evidence

evidence

Evidence that directly proves a fact without requiring an inference, such as eyewitness testimony or a confession.

Direct Examination

evidence

The initial questioning of a witness by the party who called them to testify.

Directed Verdict

civil procedure

A ruling by the trial judge during a jury trial that takes the decision away from the jury because no reasonable jury could reach a different conclusion.

Disbarment

general

The revocation of an attorney's license to practice law, typically for ethical violations or criminal conduct.

Discharge

bankruptcy

In bankruptcy, the release of a debtor from personal liability for certain debts, preventing creditors from collecting those debts.

Discovery

civil procedure

The pretrial process by which parties exchange information, documents, and evidence relevant to the case.

Discrimination

employment

Treating a person differently or unfavorably based on a protected characteristic such as race, sex, age, disability, or religion.

Disinheritance

estate

The act of excluding a person, often a family member, from inheriting under a will or trust.

Dismissal

civil procedure

The termination of a case by a court, either voluntarily by the plaintiff or involuntarily by the court. Can be with or without prejudice.

Diversity Jurisdiction

courts

Federal court jurisdiction over cases between citizens of different states where the amount in controversy exceeds $75,000.

Divorce

family

The legal dissolution of a marriage by court order, addressing issues of property division, alimony, child custody, and child support.

Docket

courts

A list of cases pending before a court, or the official record of proceedings in a case.

Domicile

general

A person's permanent legal residence, which may differ from where they currently live.

Double Jeopardy

constitutional

The constitutional protection against being tried twice for the same offense after an acquittal or conviction. Guaranteed by the Fifth Amendment.

Due Diligence

business

The thorough investigation and analysis of a business, property, or legal matter before entering into a transaction or agreement.

Due Process

constitutional

The constitutional guarantee that the government must follow fair procedures before depriving any person of life, liberty, or property. Found in the Fifth and Fourteenth Amendments.

Duress

contracts

Coercion or threats that compel a person to act against their will. A contract entered into under duress may be voidable.

Duty of Care

tort

The legal obligation to act with a certain standard of care toward others to avoid causing harm. Central to negligence law.

E

Easement

property

A legal right to use another person's land for a specific purpose without owning it.

Eighth Amendment

constitutional

The constitutional amendment prohibiting excessive bail, excessive fines, and cruel and unusual punishment.

Ejectment

property

A legal action to recover possession of real property from someone who is unlawfully occupying it.

Emancipation

family

The legal process by which a minor is freed from parental control and granted the legal rights and responsibilities of an adult.

Embezzlement

criminal

The fraudulent taking of personal property by someone to whom it was entrusted, such as an employee stealing company funds.

Related:fraudtheft

Eminent Domain

property

The government's power to take private property for public use, provided it pays just compensation to the owner. Derived from the Fifth Amendment.

Emolument

constitutional

Payment or compensation for employment or services. The Emoluments Clause of the Constitution prohibits federal officials from receiving gifts from foreign governments.

Employment Contract

employment

An agreement between an employer and employee that specifies the terms of employment, including duties, compensation, and termination conditions.

Enabling Statute

administrative

A law that grants authority to a government agency or official to take certain actions, such as creating regulations.

Encroachment

property

An intrusion upon the property or rights of another, such as a building or fence extending onto a neighbor's land.

Encumbrance

property

A claim, lien, or liability attached to real property that may diminish its value or restrict its use, such as a mortgage, easement, or tax lien.

Related:lienmortgage

Enjoin

civil procedure

To issue a court order (injunction) requiring or prohibiting a specific action.

Entrapment

criminal

A defense in criminal law claiming that law enforcement induced a person to commit a crime they would not otherwise have committed.

Equal Opportunity

employment

The principle that all people should be treated fairly and given the same chances for employment, education, and other benefits regardless of protected characteristics.

Equal Protection

constitutional

The Fourteenth Amendment guarantee that all persons shall receive equal treatment under the law and that no state shall deny equal protection of the laws.

Equitable Distribution

family

A method of dividing marital property in a divorce based on fairness rather than an equal split, considering various factors.

Equity

general

A branch of law providing remedies beyond monetary damages, such as injunctions and specific performance. Also refers to ownership value in an asset.

Equity of Redemption

property

The right of a mortgagor to reclaim property by paying the full mortgage debt before or after foreclosure, depending on state law.

Escheat

estate

The reversion of property to the state when a person dies without a will and without legal heirs.

Escrow

property

An arrangement in which money, property, or documents are held by a neutral third party until specified conditions are met.

Related:closingdeed

Estate

estate

All of the property and assets owned by a person, especially at the time of death. Also refers to an ownership interest in land.

Related:probatewill

Estate Planning

estate

The process of arranging for the management and distribution of a person's assets during their lifetime and after death.

Related:willtrust

Estoppel

general

A legal principle that prevents a person from asserting a position inconsistent with their previous conduct or representations if another party relied on those representations.

Estoppel by Deed

property

A doctrine preventing a grantor who conveys property by warranty deed from later claiming they did not have title at the time of conveyance.

Related:deedestoppel

Eviction

property

The legal process of removing a tenant from a rental property, typically for nonpayment of rent or lease violations.

Evidence

evidence

Any form of proof presented in court to establish or disprove facts in a case, including testimony, documents, physical objects, and digital records.

Ex Parte

civil procedure

A legal proceeding or order involving only one party, without notice to or participation by the opposing party.

Exclusionary Rule

criminal

A legal principle that prohibits evidence obtained in violation of the defendant's constitutional rights from being used at trial.

Exculpatory Clause

contracts

A contract provision that releases one party from liability for damages caused by their own negligence.

Exculpatory Evidence

criminal

Evidence tending to establish a criminal defendant's innocence. Prosecutors must disclose exculpatory evidence under the Brady rule.

Executor

estate

A person named in a will to manage the deceased person's estate, including distributing assets and paying debts.

Related:probatewill

Exemption

bankruptcy

Property or income that is protected from seizure by creditors or from taxation. In bankruptcy, exemptions determine what property the debtor may keep.

Exhaustion of Remedies

administrative

The requirement that a party pursue all available administrative remedies before seeking judicial review.

Expert Witness

evidence

A person with specialized knowledge, training, or experience who is qualified to provide an opinion on technical or scientific matters in a legal proceeding.

Expungement

criminal

The legal process of sealing or destroying a criminal record so that it is no longer accessible to the public.

Extortion

criminal

The crime of obtaining money, property, or services through coercion, threats, or intimidation.

Extradition

criminal

The formal process of surrendering a person accused or convicted of a crime from one jurisdiction (state or country) to another.

F

Fact Finder

courts

The person or body (judge or jury) responsible for determining the facts in a legal proceeding.

Fair Use

intellectual property

A legal doctrine allowing limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, and research.

False Imprisonment

tort

The unlawful restraint of a person's freedom of movement without their consent and without legal authority.

Federal Court

courts

A court established under the U.S. Constitution to hear cases involving federal law, constitutional issues, and disputes between citizens of different states.

Federal Question

courts

A case arising under the Constitution, federal statutes, or treaties, giving federal courts subject-matter jurisdiction.

Felony

criminal

A serious crime typically punishable by imprisonment for more than one year or death. Examples include murder, robbery, and burglary.

Felony Murder Rule

criminal

A legal rule holding a participant in a felony criminally liable for any death that occurs during the commission of the felony.

Related:murderfelony

Fiduciary

business

A person or entity that holds a position of trust and has a legal obligation to act in the best interest of another party.

Fiduciary Duty

business

A legal obligation of one party to act in the best interest of another, requiring utmost good faith, trust, and loyalty.

Fifth Amendment

constitutional

The constitutional amendment providing protections against double jeopardy, self-incrimination, and deprivation of life, liberty, or property without due process.

Filing

civil procedure

The formal submission of legal documents to a court to initiate or continue a legal proceeding.

Final Judgment

civil procedure

A court's last action that fully resolves all issues in a case, making it eligible for appeal.

First Amendment

constitutional

The constitutional amendment protecting freedom of speech, religion, press, assembly, and the right to petition the government.

Fixture

property

Personal property that has been attached to real property in such a way that it becomes part of the real property.

Force Majeure

contracts

A clause in a contract that frees parties from liability when extraordinary events beyond their control prevent performance, such as natural disasters or wars.

Foreclosure

property

The legal process by which a lender seizes and sells property when the borrower fails to make mortgage payments.

Forgery

criminal

The crime of making, altering, or possessing a false document with the intent to defraud.

Forum

courts

The court or jurisdiction where a case is heard.

Forum Shopping

civil procedure

The practice of choosing a court or jurisdiction that is most likely to provide a favorable outcome.

Fourteenth Amendment

constitutional

The constitutional amendment guaranteeing citizenship to all persons born in the U.S., due process of law, and equal protection of the laws.

Franchise

business

A license granted by a company (franchisor) to an individual or group (franchisee) to operate a business using the company's brand, products, and systems.

Fraud

criminal

Intentional deception or misrepresentation made with the intent to deprive another person of property or a legal right.

Freedom of Speech

constitutional

The First Amendment right protecting individuals from government censorship of their expression, subject to certain limited exceptions.

Frivolous

civil procedure

Lacking any legal merit or factual basis. Courts may impose sanctions for filing frivolous claims.

Full Faith and Credit

constitutional

The constitutional requirement that each state honor the legislative acts, public records, and judicial decisions of every other state.

G

Garnishment

bankruptcy

A court-ordered process that directs a third party (typically an employer or bank) to withhold money from a debtor's wages or accounts to pay a creditor.

General Jurisdiction

courts

The authority of a court to hear any type of case, unless specifically excluded by law.

Good Faith

contracts

An honest and sincere intention to deal fairly and without taking unfair advantage. A legal concept applied in contracts, negotiations, and insurance.

Good Samaritan Law

tort

A law protecting people who voluntarily provide emergency assistance to an injured person from liability for unintentional harm.

Grand Jury

criminal

A panel of citizens that examines evidence presented by a prosecutor and decides whether there is sufficient probable cause to indict a person for a crime.

Grand Larceny

criminal

Theft of property above a certain monetary threshold, classified as a felony. The threshold varies by state.

Grantee

property

A person who receives property or rights through a deed or other legal instrument.

Related:grantordeed

Grantor

estate

A person who transfers property or rights to another party. In trusts, the grantor creates the trust and transfers assets into it.

Related:granteetrust

Green Card

immigration

Informal term for a Permanent Resident Card (Form I-551), which evidences lawful permanent resident status in the United States.

Gross Negligence

tort

A conscious and voluntary disregard of the need to use reasonable care, involving a greater degree of carelessness than ordinary negligence.

Grounds

civil procedure

The legal basis or foundation for a lawsuit, motion, or argument.

Guardian

family

A person appointed by a court to make decisions on behalf of someone who is unable to do so themselves, such as a minor or incapacitated adult.

Related:wardcustody

Guardian Ad Litem

family

A person appointed by a court to represent the best interests of a child or incapacitated adult during legal proceedings.

Guilty

criminal

A verdict finding that the defendant committed the crime charged. Also, the plea a defendant may enter acknowledging guilt.

H

Habeas Corpus

constitutional

A writ requiring a person to be brought before a court, used to challenge the legality of their imprisonment or detention. A fundamental safeguard against unlawful confinement.

Habitual Offender

criminal

A person who has been convicted of multiple crimes, often subject to enhanced sentencing under three-strikes laws.

Harmless Error

civil procedure

An error during trial that did not affect the outcome and therefore does not warrant reversal of the judgment on appeal.

Hearsay

evidence

An out-of-court statement offered in court to prove the truth of the matter asserted. Generally inadmissible, with numerous exceptions.

Hereditament

estate

Any property that can be inherited, including real property, personal property, and intangible rights.

Holding

general

The court's determination of a legal question; the rule or principle established by a court decision. Distinguished from dictum.

Holographic Will

estate

A will that is entirely handwritten and signed by the testator, without witnesses. Recognized in some states.

Homestead Exemption

bankruptcy

A legal provision that protects a portion of a homeowner's equity in their primary residence from creditors, particularly in bankruptcy.

Homicide

criminal

The killing of one person by another, which may be criminal (murder, manslaughter) or justifiable (self-defense).

Hostile Work Environment

employment

A form of harassment where unwelcome conduct based on a protected characteristic is severe or pervasive enough to create an abusive or intimidating work environment.

Hung Jury

criminal

A jury that is unable to reach a unanimous verdict, resulting in a mistrial. The case may be retried.

I

Illusory Promise

contracts

A statement that appears to be a promise but actually commits the promisor to nothing, making any resulting contract unenforceable.

Immunity

general

Protection from legal liability or prosecution granted by law. Types include sovereign immunity (government), diplomatic immunity, and witness immunity.

Impanel

civil procedure

To select and seat a jury for a trial.

Impeachment

constitutional

The process of formally accusing a public official of misconduct. In evidence law, the process of attacking a witness's credibility.

In Camera

civil procedure

Latin for 'in chambers.' A legal proceeding or review conducted privately by a judge, typically to review sensitive evidence.

In Forma Pauperis

civil procedure

Latin for 'in the manner of a pauper.' A status allowing a person who cannot afford court fees to proceed without paying them.

In Loco Parentis

family

Latin for 'in the place of a parent.' Refers to a person or institution acting in a parental capacity.

In Rem

civil procedure

A legal action directed against property rather than against a specific person.

Inalienable Rights

constitutional

Rights that cannot be surrendered, sold, or transferred to another person, such as life, liberty, and the pursuit of happiness.

Incarceration

criminal

The confinement of a person in a jail or prison as punishment for a crime or while awaiting trial.

Inchoate

criminal

Incomplete or not fully formed. An inchoate crime is one that has been begun but not completed, such as attempt or conspiracy.

Incumbrance

property

A claim or liability that is attached to property, potentially diminishing its value. Alternative spelling of encumbrance.

Indemnification

contracts

A contractual obligation of one party to compensate another for losses or damages. Common in business contracts and insurance policies.

Indictment

criminal

A formal written accusation issued by a grand jury charging a person with a crime, based on a finding of probable cause.

Infraction

criminal

A minor violation of a law or rule, less serious than a misdemeanor, typically punishable only by a fine.

Infringement

intellectual property

The unauthorized use of a protected intellectual property right, such as a patent, copyright, or trademark.

Inheritance

estate

Property or assets received from a deceased person through a will or intestate succession.

Injunction

civil procedure

A court order requiring a party to do or refrain from doing a specific act. Types include temporary restraining orders, preliminary injunctions, and permanent injunctions.

Insolvency

bankruptcy

The condition of being unable to pay debts as they become due. A prerequisite for many bankruptcy filings.

Intellectual Property

intellectual property

Legal rights protecting creations of the mind, including patents, copyrights, trademarks, and trade secrets.

Intent

criminal

The state of mind accompanying an act. In criminal law, intent (mens rea) is a key element in determining culpability.

Interlocutory

civil procedure

A temporary or provisional court order that is not a final judgment, such as a preliminary injunction.

Interrogatory

civil procedure

A set of written questions sent by one party to another during the discovery phase of litigation, which must be answered under oath.

Interstate Commerce

constitutional

Commercial activity that crosses state borders, which Congress has the power to regulate under the Commerce Clause of the Constitution.

Intestate

estate

Dying without a valid will. The deceased person's property is distributed according to state intestacy laws.

Related:willprobate

Involuntary Manslaughter

criminal

The unintentional killing of a person through criminal negligence or during the commission of a non-felony crime.

J

Joinder

civil procedure

The joining of parties or claims in a single lawsuit to promote judicial efficiency.

Joint and Several Liability

tort

A legal doctrine making each defendant independently liable for the full amount of damages, regardless of their individual share of fault.

Joint Tenancy

property

A form of co-ownership of property where two or more persons hold equal shares with the right of survivorship.

Judge

courts

A public official appointed or elected to preside over and decide cases in a court of law.

Judgment

civil procedure

The final decision of a court resolving the dispute between the parties and determining their rights and obligations.

Judicial Notice

evidence

A court's acceptance of a well-known fact without requiring formal proof, such as the date of a holiday or a scientific principle.

Related:evidencefact

Judicial Review

constitutional

The power of courts to examine legislative and executive actions and determine whether they are constitutional.

Jurisdiction

courts

The authority of a court to hear and decide a case. Includes subject-matter jurisdiction (types of cases) and personal jurisdiction (authority over parties).

Jurisprudence

general

The theory and philosophy of law, or the body of legal knowledge and principles.

Jury

courts

A group of citizens selected to hear evidence in a trial and render a verdict based on the facts presented.

Jury Instructions

civil procedure

Directions given by a judge to a jury explaining the applicable law and how to apply it to the facts of the case.

Related:juryverdict

Just Compensation

property

The payment the government must make to a property owner when taking private property through eminent domain, typically fair market value.

Juvenile

criminal

A person who has not yet reached the age of legal majority (typically 18). Juvenile proceedings are generally separate from adult criminal proceedings.

K

Kidnapping

criminal

The crime of unlawfully seizing and detaining a person against their will, often by force, threat, or deception.

L

Laches

civil procedure

An equitable defense asserting that the plaintiff unreasonably delayed in asserting a claim, causing prejudice to the defendant.

Landlord

property

The owner of real property who rents or leases it to a tenant in exchange for periodic payment (rent).

Related:tenantlease

Larceny

criminal

The unlawful taking of another person's personal property with the intent to permanently deprive them of it. Also known as theft.

Lawsuit

civil procedure

A legal action brought by one party against another in a court of law to enforce a right or seek a remedy.

Lease

property

A contract granting the use of property (real or personal) for a specified period in exchange for periodic payments.

Lemon Law

general

Consumer protection laws that provide remedies for buyers of vehicles that repeatedly fail to meet quality and performance standards.

Letters Testamentary

estate

A court document authorizing an executor to administer a deceased person's estate according to the will.

Levy

general

The legal seizure of property to satisfy a debt or judgment. Also, to impose a tax.

Liability

tort

Legal responsibility for one's acts or omissions. A finding of liability in a civil case typically results in an obligation to pay damages.

Libel

tort

A form of defamation involving false written or published statements that harm a person's reputation.

License

general

A legal permission to engage in an activity that would otherwise be unlawful, such as driving, practicing law, or using intellectual property.

Lien

property

A legal claim or charge on property as security for the payment of a debt or obligation. Common types include mortgage liens, tax liens, and mechanic's liens.

Limitation of Actions

civil procedure

Statutes establishing the maximum time period within which a legal proceeding must be initiated. Also called statutes of limitations.

Lis Pendens

property

Latin for 'pending litigation.' A notice filed with the county recorder indicating that a lawsuit involving real property is pending.

Litigation

civil procedure

The process of resolving disputes through the court system, including filing lawsuits, discovery, motions, trial, and appeals.

Related:lawsuittrial

Living Will

estate

A legal document expressing a person's wishes regarding medical treatment in the event they become incapacitated and unable to communicate.

LLC

business

A Limited Liability Company — a business structure combining the liability protection of a corporation with the tax flexibility of a partnership.

M

Magistrate

courts

A judicial officer with limited authority, often handling preliminary criminal proceedings, minor offenses, and pretrial matters.

Related:judgejustice

Malfeasance

general

Wrongful conduct or illegal activity, especially by a public official.

Malpractice

tort

Professional negligence — the failure of a professional (doctor, lawyer, accountant) to meet the standard of care, resulting in harm to the client or patient.

Mandamus

civil procedure

A court order compelling a government official or entity to perform a mandatory duty.

Mandate

civil procedure

An official order or command from a court, especially an appellate court directing a lower court to take specific action.

Related:remandappeal

Manslaughter

criminal

The unlawful killing of a person without premeditation or malice aforethought. Can be voluntary (in the heat of passion) or involuntary (through criminal negligence).

Marital Property

family

Property acquired during a marriage that is subject to division upon divorce, as opposed to separate property.

Material Witness

evidence

A witness whose testimony is important enough to a case that they may be detained to ensure their availability.

Mediation

civil procedure

A form of alternative dispute resolution where a neutral third party facilitates negotiation between the parties to help them reach a voluntary agreement.

Mens Rea

criminal

Latin for 'guilty mind.' The mental state or intent required to establish criminal liability, such as intent, knowledge, recklessness, or negligence.

Mens Rea Requirement

criminal

The principle that most crimes require proof of a guilty mental state, such as intent, knowledge, recklessness, or negligence.

Merger

business

The combination of two or more companies into a single entity. In contract law, the integration of prior agreements into a final written contract.

Minimum Contacts

courts

The constitutional requirement that a defendant must have sufficient connections with a forum state before the state's courts can exercise personal jurisdiction.

Minor

family

A person who has not yet reached the age of legal majority (typically 18) and lacks full legal capacity.

Miranda Rights

criminal

The rights that law enforcement must inform a suspect of upon arrest and before custodial interrogation, including the right to remain silent and the right to an attorney.

Misdemeanor

criminal

A criminal offense less serious than a felony, typically punishable by fines, probation, or imprisonment for up to one year.

Misprision

criminal

The crime of concealing knowledge of a felony or an act of treason from authorities.

Misrepresentation

contracts

A false statement of material fact made to induce another party to enter into a contract or transaction.

Mistrial

criminal

A trial that has been terminated before its conclusion due to a procedural error, hung jury, or other extraordinary circumstance.

Mitigation

general

The duty of an injured party to take reasonable steps to minimize their damages. Also, factors presented at sentencing to argue for a lighter punishment.

Monopoly

business

Exclusive control of a market by a single entity, which may violate federal antitrust laws if achieved through anticompetitive practices.

Moot

civil procedure

A legal issue that has become academic or no longer presents a live controversy, making judicial resolution unnecessary.

Moral Turpitude

criminal

An act or behavior that violates community standards of justice, honesty, or good morals. Crimes involving moral turpitude can affect immigration status.

Mortgage

property

A loan secured by real property, where the borrower grants the lender a security interest in the property until the loan is repaid.

Motion

civil procedure

A formal request made to a court asking for a ruling or order on a specific issue.

Related:briefhearing

Motion to Dismiss

civil procedure

A motion asking the court to dismiss a case for legal insufficiency, such as failure to state a claim or lack of jurisdiction.

Murder

criminal

The unlawful killing of a person with malice aforethought (premeditation and deliberation). First-degree murder involves planning; second-degree murder does not.

N

Naturalization

immigration

The legal process by which a foreign national becomes a U.S. citizen after meeting eligibility requirements and passing required tests.

Necessaries

contracts

Goods and services essential for a person's basic needs, such as food, clothing, shelter, and medical care. Contracts for necessaries by minors may be enforceable.

Negligence

tort

The failure to exercise the standard of care that a reasonably prudent person would exercise under similar circumstances, resulting in harm to another.

Negotiation

general

The process of discussion and bargaining between parties to reach a mutually acceptable agreement or settlement.

Nisi Prius

courts

A trial court, as distinguished from an appellate court. The term refers to the court where a case is first tried.

No Contest

criminal

A plea (nolo contendere) in which the defendant does not admit guilt but accepts punishment. It cannot be used as an admission of liability in a civil case.

Related:pleaguilty

Nolo Contendere

criminal

Latin for 'I do not wish to contend.' A plea in criminal court similar to guilty but cannot be used as an admission in civil proceedings.

Non-Compete Agreement

employment

A contractual clause restricting an employee from working for competitors or starting a competing business for a specified period and geographic area after leaving employment.

Non-Disclosure Agreement

business

A contract creating a confidential relationship between parties, obligating one or both to keep certain information secret.

Nonconforming Use

property

A land use that was lawful before a zoning change but no longer complies with current zoning regulations. Generally allowed to continue but not expand.

Notary Public

general

A person authorized by the state to witness the signing of documents, administer oaths, and certify the authenticity of signatures.

Notice

civil procedure

Formal notification to a party of a legal action, proceeding, or right. Due process requires adequate notice before the government deprives a person of rights.

Nuisance

property

An unreasonable interference with the use and enjoyment of another person's property. Can be private (affecting one party) or public (affecting the community).

Nuncupative Will

estate

An oral will made during the last illness or in imminent peril of death, valid only in limited circumstances in some states.

O

Oath

general

A solemn promise to tell the truth or faithfully perform a duty, often invoking a higher power. Witnesses testify under oath.

Objection

evidence

A formal protest raised by an attorney during trial challenging the admissibility of evidence or the propriety of a question or procedure.

Obstruction of Justice

criminal

The crime of intentionally interfering with the administration of law, including tampering with evidence, intimidating witnesses, or lying to investigators.

Offer

contracts

A proposal by one party to another indicating a willingness to enter into a contract on specified terms.

Opening Statement

civil procedure

An attorney's introductory remarks at the beginning of a trial, outlining the evidence and arguments they intend to present.

Opinion

courts

A judge's written explanation of the court's decision, including the legal reasoning, analysis of facts, and conclusion.

Ordinance

general

A law enacted by a municipal or local government, such as a city or county.

Original Jurisdiction

courts

The authority of a court to hear a case for the first time, as opposed to appellate jurisdiction.

Overrule

courts

When a court rejects an objection during trial, allowing the evidence or question. Also, when a higher court sets aside a lower court's precedent.

P

Pardon

criminal

An executive act forgiving a person for a crime and releasing them from punishment. The President can pardon federal crimes; governors can pardon state crimes.

Parol Evidence Rule

contracts

A legal principle that prevents parties to a written contract from introducing prior or contemporaneous oral agreements that contradict or modify the written terms.

Parole

criminal

The supervised release of a prisoner before the completion of their sentence, subject to conditions and monitoring.

Partition

property

The division of jointly owned property into separate portions so each owner may take individual possession of their share.

Partnership

business

A business arrangement where two or more persons agree to share profits and losses. Can be general, limited, or limited liability.

Patent

intellectual property

A government-granted exclusive right to an inventor, allowing them to prevent others from making, using, or selling the invention for a limited period (typically 20 years).

Per Curiam

courts

Latin for 'by the court.' A judicial opinion issued by the court as a whole rather than authored by a single judge.

Related:opinioncourt

Per Stirpes

estate

A method of distributing an estate where each branch of a family receives an equal share, regardless of the number of members in each branch.

Peremptory Challenge

civil procedure

The right of an attorney to reject a prospective juror without stating a reason, limited in number and cannot be based on race or gender.

Perjury

criminal

The crime of willfully making a false statement under oath in a judicial or official proceeding.

Personal Jurisdiction

courts

A court's authority over the parties in a lawsuit, based on their presence, domicile, consent, or minimum contacts with the forum state.

Petit Jury

courts

A trial jury, typically consisting of 6 to 12 members, that hears evidence and renders a verdict in a case.

Plaintiff

civil procedure

The party who initiates a civil lawsuit by filing a complaint against the defendant.

Plea

criminal

A defendant's formal response to criminal charges — typically guilty, not guilty, or no contest (nolo contendere).

Plea Bargain

criminal

An agreement between the prosecution and defendant where the defendant pleads guilty to a lesser charge or receives a lighter sentence in exchange for cooperation.

Related:pleasentence

Pleading

civil procedure

A formal written document filed with the court that sets forth the claims or defenses of a party in a lawsuit.

Power of Attorney

estate

A legal document authorizing one person (the agent or attorney-in-fact) to act on behalf of another (the principal) in financial, legal, or medical matters.

Precedent

general

A court decision that establishes a rule or principle to be followed in future cases with similar facts or issues. The foundation of the common law system.

Preliminary Hearing

criminal

A proceeding held to determine whether there is enough evidence (probable cause) to proceed with a criminal trial.

Preponderance of the Evidence

evidence

The standard of proof in most civil cases, requiring the plaintiff to show that their version of events is more likely true than not.

Presumption of Innocence

criminal

The fundamental principle that a person accused of a crime is considered innocent until proven guilty beyond a reasonable doubt.

Pretermitted Heir

estate

A child born after the execution of a will who is unintentionally omitted. Most states provide such children with a share of the estate.

Prima Facie

evidence

Latin for 'on its face.' Evidence sufficient to establish a fact or raise a presumption unless rebutted by contradictory evidence.

Private Law

general

Law governing relationships between private individuals and organizations, including contracts, torts, property, and family law.

Privilege

evidence

A legal right to refuse to disclose certain information, such as attorney-client communications, doctor-patient communications, or spousal communications.

Privity

contracts

A close and direct relationship between parties, such as parties to a contract, that allows one to enforce rights against the other.

Pro Bono

general

Legal services provided free of charge, typically to indigent clients or nonprofit organizations, as a professional obligation or public service.

Pro Se

civil procedure

Latin for 'for oneself.' Representing oneself in a legal proceeding without an attorney.

Probable Cause

criminal

A reasonable belief, based on facts and circumstances, that a crime has been committed or that evidence of a crime will be found. Required for arrests and search warrants.

Probate

estate

The legal process of administering a deceased person's estate, including validating the will, paying debts, and distributing assets to beneficiaries.

Related:willexecutor

Probation

criminal

A sentence allowing a convicted person to remain in the community under supervision instead of serving time in prison, subject to conditions.

Procedural Due Process

constitutional

The constitutional requirement that the government follow fair procedures before depriving a person of life, liberty, or property.

Product Liability

tort

The legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective products.

Promissory Estoppel

contracts

A legal doctrine preventing a party from reneging on a promise if another party relied on that promise to their detriment.

Promissory Note

contracts

A written promise by one party to pay a specified sum of money to another party at a definite time or on demand.

Related:mortgagedebt

Prosecution

criminal

The process of initiating and pursuing criminal charges against a defendant. Also refers to the government attorney (prosecutor) who brings the case.

Protective Order

family

A court order that protects a person from harm or harassment, often used in domestic violence cases. Also, an order limiting the disclosure of sensitive information during discovery.

Proximate Cause

tort

The primary cause of an injury or harm that is legally sufficient to result in liability. The cause without which the injury would not have occurred.

Proximate Result

tort

The direct outcome of an action that was foreseeable and contributed to the harm or injury in question.

Public Defender

criminal

An attorney appointed by the court to represent defendants who cannot afford to hire a private attorney.

Public Law

general

Law governing the relationship between individuals and the government, including constitutional law, criminal law, and administrative law.

Punitive Damages

tort

Monetary damages awarded in addition to compensatory damages to punish the defendant for particularly egregious conduct and deter similar behavior.

Q

Quantum Meruit

contracts

Latin for 'as much as deserved.' A legal claim allowing recovery for the reasonable value of services rendered when no contract exists.

Quasi-Contract

contracts

A legal obligation imposed by a court to prevent unjust enrichment when no formal contract exists between the parties.

Quid Pro Quo

employment

Latin for 'something for something.' In employment law, a type of sexual harassment where employment benefits are conditioned on sexual favors.

Quitclaim Deed

property

A deed that transfers whatever interest the grantor has in property without any warranties about the quality of title.

Quorum

business

The minimum number of members required to be present at a meeting for business to be validly transacted.

R

Racketeering

criminal

Engaging in a pattern of criminal activity as part of an organized enterprise. Prosecuted under federal RICO statutes.

Ratification

general

The formal approval of an agreement, amendment, or treaty. In contract law, the acceptance of a previously unauthorized act.

Real Property

property

Land and anything permanently attached to it, including buildings, trees, and fixtures. Distinguished from personal property.

Reasonable Doubt

criminal

The standard of proof in criminal cases; the level of certainty a juror must have to find a defendant guilty. Not merely possible doubt but doubt based on reason.

Recidivism

criminal

The tendency of a convicted criminal to reoffend after serving their sentence.

Recidivist

criminal

A person who repeatedly commits crimes and returns to criminal behavior after being punished.

Recognizance

criminal

A bond or obligation recorded before a court whereby a person promises to appear in court or meet a specified condition.

Related:bailbond

Recoupment

civil procedure

A defendant's right to reduce the plaintiff's claim by the amount the plaintiff owes the defendant arising from the same transaction.

Recusal

courts

The act of a judge withdrawing from hearing a case due to a potential conflict of interest or appearance of bias.

Related:judgebias

Redaction

general

The process of editing or obscuring portions of a document to remove sensitive, privileged, or classified information.

Reformation

contracts

An equitable remedy correcting a written instrument (such as a contract or deed) to reflect the parties' true intentions.

Regulation

administrative

A rule or order issued by a government agency that has the force of law, created through the administrative rulemaking process.

Reliance

contracts

Dependence on another party's representations or promises, which may give rise to legal rights under estoppel or contract law.

Remand

civil procedure

When an appellate court sends a case back to a lower court for further proceedings consistent with the appellate court's decision.

Remedy

general

The means by which a court enforces a right or prevents or compensates for a wrong. Includes damages, injunctions, and specific performance.

Remittitur

civil procedure

A court order reducing a jury's damage award when the judge finds it excessive.

Related:damagestrial

Removal

civil procedure

The transfer of a case from state court to federal court by the defendant when federal jurisdiction exists. In immigration law, the deportation of a foreign national.

Replevin

civil procedure

A legal action to recover personal property that has been wrongfully taken or detained.

Repossession

bankruptcy

The act of a creditor taking back property (usually personal property like a vehicle) from a debtor who has defaulted on payments.

Res Judicata

civil procedure

Latin for 'a matter judged.' The principle that a final judgment on the merits bars the same parties from relitigating the same claim.

Rescission

contracts

The cancellation of a contract, restoring the parties to their positions before the contract was formed.

Respondeat Superior

tort

Latin for 'let the master answer.' The legal doctrine holding employers vicariously liable for the negligent acts of employees performed within the scope of employment.

Restitution

criminal

The restoration of property or money to its rightful owner. In criminal law, a court-ordered payment by a convicted person to compensate the victim.

Restraining Order

family

A court order prohibiting a person from engaging in certain conduct, such as contacting or approaching another person. Can be temporary or permanent.

Retainer

general

A fee paid to an attorney in advance to secure their services. Also, the agreement establishing the attorney-client relationship.

Reversal

civil procedure

An appellate court's decision to overturn or set aside a lower court's judgment.

RICO

criminal

The Racketeer Influenced and Corrupt Organizations Act, a federal law providing extended penalties for criminal acts performed as part of an ongoing criminal enterprise.

Right of Survivorship

property

A feature of joint tenancy where, upon the death of one owner, the deceased's share automatically passes to the surviving owner(s) rather than through the estate.

Right of Way

property

The legal right to pass through property owned by another. Also, the right of a vehicle or pedestrian to proceed first in a traffic situation.

Robbery

criminal

The crime of taking property from a person by force, threat, or intimidation. Distinguished from larceny by the use or threat of force.

Rulemaking

administrative

The process by which administrative agencies create regulations that have the force of law, typically through notice-and-comment procedures under the APA.

S

Sanction

courts

A penalty or punitive measure imposed by a court for violations of rules, orders, or standards of conduct.

Search and Seizure

criminal

The examination of a person's property by law enforcement and the taking of evidence. The Fourth Amendment protects against unreasonable searches and seizures.

Search Warrant

criminal

A court order authorizing law enforcement to search a specific location for specific evidence of a crime, based on probable cause.

Second Amendment

constitutional

The constitutional amendment protecting the right of individuals to keep and bear arms.

Secured Debt

bankruptcy

A debt backed by collateral (property) that the creditor can seize if the debtor defaults.

Self-Incrimination

constitutional

The act of providing testimony or evidence that exposes oneself to criminal prosecution. The Fifth Amendment protects against compelled self-incrimination.

Sentence

criminal

The punishment imposed by a court on a person convicted of a crime, which may include imprisonment, fines, probation, or community service.

Sequestration

civil procedure

The isolation of a jury from outside contact during deliberation, or the court-ordered seizure of property to preserve it during litigation.

Service of Process

civil procedure

The formal delivery of legal documents (summons, complaint) to a defendant or party, notifying them of legal proceedings and establishing the court's jurisdiction.

Setoff

civil procedure

A defendant's right to reduce the plaintiff's claim by an amount the plaintiff owes the defendant, arising from a different transaction.

Settlement

civil procedure

An agreement between parties to resolve a dispute without a full trial, often involving the payment of money in exchange for dismissal of claims.

Seventh Amendment

constitutional

The constitutional amendment preserving the right to a jury trial in civil cases where the amount in controversy exceeds twenty dollars.

Shareholder

business

An owner of shares (stock) in a corporation, entitled to dividends and voting rights proportional to their ownership stake.

Sine Qua Non

general

Latin for 'without which not.' An essential condition or element without which something cannot exist or occur.

Sixth Amendment

constitutional

The constitutional amendment guaranteeing criminal defendants the right to a speedy and public trial, an impartial jury, notice of charges, confrontation of witnesses, and counsel.

Slander

tort

A form of defamation involving false spoken statements that harm a person's reputation. Distinguished from libel, which involves written statements.

Slayer Rule

estate

A legal principle preventing a person who intentionally kills another from inheriting from or benefiting from the victim's estate.

Small Claims Court

courts

A court with simplified procedures and low filing fees that handles minor civil disputes, typically involving amounts below $5,000-$10,000.

Sole Proprietorship

business

A business owned and operated by a single individual, with no legal separation between the owner and the business.

Sovereign

constitutional

The supreme authority within a territory; in the U.S., sovereignty resides in the people and is exercised through federal and state governments.

Sovereign Immunity

constitutional

The legal doctrine that the government cannot be sued without its consent, derived from the principle that the sovereign is immune from legal action.

Specific Performance

contracts

An equitable remedy requiring a party to fulfill their contractual obligations, typically ordered when monetary damages are inadequate (e.g., unique property sales).

Spousal Support

family

Financial payments made by one spouse to the other during or after a divorce to maintain their standard of living. Also called alimony or maintenance.

Stakeholder

business

A person or entity with an interest in or affected by a course of action, transaction, or legal proceeding.

Standing

civil procedure

The legal requirement that a party bringing a lawsuit must have a sufficient connection to and harm from the issue, demonstrating a personal stake in the outcome.

Stare Decisis

general

Latin for 'to stand by things decided.' The legal principle obligating courts to follow precedent established by prior decisions on similar issues.

Statute

general

A law enacted by a legislative body (Congress, state legislature, or local council).

Statute of Frauds

contracts

A legal principle requiring certain types of contracts to be in writing to be enforceable, including contracts for the sale of land and agreements lasting more than one year.

Statute of Limitations

civil procedure

A law prescribing the maximum time period within which a legal action must be filed. The period varies by type of claim and jurisdiction.

Stay

civil procedure

A court order suspending or halting legal proceedings or the enforcement of a judgment. In bankruptcy, the automatic stay stops creditor collection actions.

Strict Liability

tort

Legal responsibility for damages or injury without proof of negligence or intent. Applied in product liability cases and abnormally dangerous activities.

Subordination

property

An agreement placing one creditor's claim or lien behind another's in priority.

Related:lienmortgage

Subpoena

civil procedure

A court order requiring a person to appear as a witness or produce documents. A subpoena duces tecum specifically requires the production of documents.

Subrogation

general

The substitution of one party for another regarding a legal claim or right, allowing the substituting party to pursue the claim.

Substantive Due Process

constitutional

The constitutional doctrine protecting fundamental rights from government interference, regardless of the procedures used.

Substantive Law

general

Law that defines rights, duties, and obligations, as distinguished from procedural law, which governs the process of enforcing those rights.

Successor

general

A person or entity that takes over the rights, obligations, or property of another, such as a corporate successor or heir.

Summary Judgment

civil procedure

A court decision made without a full trial when the judge determines there is no genuine dispute of material fact and one party is entitled to judgment as a matter of law.

Related:motiontrial

Summons

civil procedure

A notice served on a defendant informing them that a lawsuit has been filed and requiring them to appear in court or respond within a specified time.

Supersedeas Bond

civil procedure

A bond posted by the appellant to stay (delay) the execution of a judgment during the appeal process.

Related:appealbond

Supremacy Clause

constitutional

Article VI of the Constitution establishing that federal law is the supreme law of the land and takes precedence over conflicting state laws.

Supreme Court

courts

The highest court in the United States (and in most state judicial systems), serving as the final arbiter of constitutional and federal legal questions.

Surety

contracts

A person or entity that assumes responsibility for the debt, obligation, or performance of another party. A surety bond guarantees performance.

Sustain

courts

When a judge agrees with an objection during trial, preventing the challenged evidence or question from being presented.

T

Tax Lien

tax

A claim imposed by the government on property for unpaid taxes, giving the government priority over other creditors.

Related:lienirs

Tenancy at Sufferance

property

A situation where a tenant remains on the property after the lease has expired without the landlord's consent.

Tenancy at Will

property

A rental arrangement that either the landlord or tenant can terminate at any time with proper notice.

Tenancy in Common

property

A form of co-ownership where each owner holds a separate, divisible interest that can be freely transferred. No right of survivorship.

Tenant

property

A person who rents or leases property from a landlord under a lease agreement.

Tender

contracts

An unconditional offer to perform an obligation, such as payment of a debt. Legal tender is currency that must be accepted for payment.

Related:offerpayment

Testamentary

estate

Relating to or provided for by a will. A testamentary trust is created by the terms of a deceased person's will.

Related:willtrust

Testator

estate

A person who has made a valid will. The female form is testatrix.

Related:willprobate

Testimony

evidence

Statements made by a witness under oath in a legal proceeding, whether at trial, in a deposition, or before a grand jury.

Third Party

general

A person or entity not directly involved in a legal proceeding or transaction but who may be affected by or have an interest in the outcome.

Title

property

Legal ownership of property. Also, the document (deed) that serves as evidence of ownership.

Tolling

civil procedure

The suspension or pausing of a statute of limitations period, effectively extending the time to file a legal action.

Tort

tort

A wrongful act (other than a breach of contract) that results in injury or harm to another person, giving rise to a civil cause of action for damages.

Tort Reform

tort

Legislative changes aimed at reducing the ability to bring tort lawsuits or limiting the amount of damages recoverable.

Tortfeasor

tort

A person who commits a tort (a wrongful act causing harm to another).

Trade Secret

intellectual property

Confidential business information that provides a competitive advantage, such as formulas, processes, designs, or customer lists, protected by law from misappropriation.

Trademark

intellectual property

A word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services from those of others.

Treble Damages

general

A statutory provision allowing courts to triple the amount of actual damages as a penalty, common in antitrust and RICO cases.

Trespass

tort

The unauthorized entry onto another person's property. Can be criminal (a misdemeanor) or civil (a tort actionable for damages).

Trial

civil procedure

A formal judicial proceeding in which evidence is presented to a judge or jury to determine the facts and reach a verdict.

Trust

estate

A legal arrangement in which one party (trustee) holds and manages property for the benefit of another party (beneficiary), according to the terms set by the creator (grantor).

Trustee

estate

A person or institution that holds and manages property or assets for the benefit of another, owing a fiduciary duty to act in the beneficiary's best interest.

U

Ultra Vires

business

Latin for 'beyond the powers.' An act performed by a corporation or government body that exceeds its legal authority.

Unconscionability

contracts

A contract defense where the terms are so one-sided and unfair that no reasonable person would agree to them. Courts may refuse to enforce unconscionable contracts.

Undue Influence

contracts

Excessive pressure or manipulation exerted over a person, impairing their free will and inducing them to act in the influencer's favor, often in contracts or wills.

Uniform Commercial Code

business

A comprehensive set of laws governing commercial transactions in the United States, including the sale of goods, negotiable instruments, and secured transactions.

Unjust Enrichment

contracts

A legal principle preventing one party from benefiting at another's expense without justification, giving rise to a claim for restitution.

Unsecured Debt

bankruptcy

Debt not backed by collateral, such as credit card debt and medical bills. In bankruptcy, unsecured creditors are paid after secured creditors.

Usury

general

The practice of charging an illegally high rate of interest on a loan, prohibited by state usury laws.

V

Vacate

civil procedure

To set aside or annul a court order, judgment, or conviction.

Vandalism

criminal

The willful destruction or defacement of another person's property. A criminal offense that may also give rise to civil liability.

Variance

property

In zoning law, an exception allowing a property owner to use land in a way not otherwise permitted by zoning regulations, based on undue hardship.

Venire

civil procedure

The pool of potential jurors summoned to the courthouse from which a jury will be selected.

Venue

courts

The geographic location where a court with jurisdiction may hear a case. Proper venue is typically where the events occurred or where the defendant resides.

Venue Transfer

civil procedure

The relocation of a trial from one geographic location to another, typically because of prejudice or convenience.

Related:venueforum

Verdict

civil procedure

The formal decision or finding of a judge or jury on the matters submitted during a trial.

Related:judgmentjury

Vest

general

To give an immediate, fixed right of present or future enjoyment. Vested rights cannot be taken away without due process.

Vicarious Liability

tort

A legal doctrine imposing liability on one party for the actions of another, such as an employer being liable for the negligent acts of an employee.

Victim

criminal

A person who has suffered harm, injury, or loss as the result of a crime or tort.

Void

contracts

Having no legal force or effect; null. A void contract is one that was never valid from the beginning.

Voidable

contracts

A contract or agreement that is valid but may be legally voided at the option of one party due to a defect such as fraud, duress, or incapacity.

Voir Dire

civil procedure

The process of questioning prospective jurors to determine their suitability for serving on a jury, including identifying potential biases.

Voluntary Manslaughter

criminal

The intentional killing of a person in the heat of passion or upon sudden provocation, without premeditation.

W

Waiver

general

The voluntary and intentional relinquishment of a known right, claim, or privilege.

Ward

family

A person, especially a minor or incapacitated adult, who is under the protection of a court-appointed guardian.

Warrant

criminal

A court order authorizing law enforcement to take a specific action, such as arresting a person (arrest warrant) or searching a location (search warrant).

Warranty

contracts

A guarantee or assurance about the quality, condition, or performance of a product or property. Can be express (stated) or implied (by law).

Whistleblower

employment

A person who reports illegal, unethical, or fraudulent activity within an organization, often protected from retaliation by federal and state laws.

Will

estate

A legal document expressing a person's wishes regarding the distribution of their property after death and the care of any minor children.

Witness

evidence

A person who testifies under oath in a legal proceeding, providing firsthand knowledge of facts relevant to the case.

Work Product Doctrine

evidence

A legal protection preventing discovery of materials prepared by or for an attorney in anticipation of litigation, including mental impressions, conclusions, and legal theories.

Workers' Compensation

employment

A state-mandated insurance system providing benefits to employees who suffer work-related injuries or illnesses, regardless of fault.

Writ

courts

A formal written order issued by a court directing a person or entity to perform or refrain from performing a specific act.

Writ of Execution

civil procedure

A court order directing a law enforcement officer to enforce a judgment, typically by seizing and selling the debtor's property.

Writ of Mandamus

civil procedure

A court order commanding a government official or body to perform a legally required duty.

Wrongful Death

tort

A civil action brought by the survivors or estate of a person who died due to another party's negligent or intentional act.

Wrongful Termination

employment

The firing of an employee in violation of federal or state law, an employment contract, or public policy.

X

X-Ray Evidence

evidence

Radiographic images used as demonstrative evidence in legal proceedings to show injuries, medical conditions, or the presence of foreign objects.

Y

Yield

general

To give way or defer to another party's right or priority. In traffic law, the obligation to allow another vehicle or pedestrian to proceed first.

Related:right of way

Z

Zoning

property

Government regulation dividing a municipality into districts and prescribing the types of land uses permitted in each district.

Zoning Board

property

A local government body that hears applications for variances, special permits, and appeals related to zoning regulations.